Question

[ A- MCQ Questions ]

… 10 marks …

1/         Which of the following best describes the likelihood of a student becoming involved in a situation necessitating legal advice?

A) A student, or someone close to a student, sometimes becomes involved in such a situation.

B) A student, or someone close to the student, will always become involved in such a situation.

C) Because students are not business people, they never become involved in such situations.

D) Because students cannot be sophisticated, they will often become involved in such situations.

E) Legal advice is not available to students.

2/         Which of the following best describes the role of the lawyer?

A) The lawyer makes the legal decisions for the client.

B) The lawyer is simply one of the experts the businessperson consults.

C) The client must follow the lawyer's instructions, as long as they are lawful.

D) The client makes decisions regarding civil matters; the lawyer makes decisions regarding criminal matters.

E) The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters.

3/         Which of the following is true regarding the history of the legal system used in England?

A) Strained relations between the English and French kingdoms explain why England adopted Roman civil law as its system of justice.

B) Historically, kings and nobles worked together to establish a common system of justice.

C) The early Norman kings failed to establish a feudal system, which allowed Roman civil law to take hold in England.

D) England alternately used common law and civil law legal systems, depending on the strength of the reigning king.

E) During times when power was decentralized, local nobles would administer justice.

4/         There are many characteristics associated with the use of the court process that may be considered advantages and disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process?

A) A speedier method of obtaining resolution of a dispute

B) A less costly method of obtaining a resolution to a dispute

C) A method of dispute resolution where both parties are more likely to be satisfied with the outcome

D) Enforcement of the decision has direct mechanisms

E) Confidentiality is protected

5/         In January, a driver accidentally caused a snow plow to go off the road, crash into house, and enter the living room. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snow plow was charged with the crime of driving while impaired, and convicted, which of the following would be true?

A) The owners of the house would have no civil action against the driver because no one was hurt.

B) The owners of the house could also proceed in a civil action against the driver for the tort of nuisance.

C) The owners of the house could also proceed in a civil action against the driver for the tort of negligence.

D) The owners of the house could not proceed in a civil action because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action.

E) The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.

6/         A seven-year-old boy followed his dog into Mr. Howe's backyard. He fell into a large hole dug by Mr. Howe in preparation for a tree that had been ordered. The boy broke his arm in the fall. At the hospital, the boy was treated by a doctor who had been employed there for four years. The doctor did not set the boy's arm because he made a mistake in reading the x-ray. Because the arm was not treated correctly, it healed improperly. When the boy kept complaining, his mother took him to their family doctor, who discovered the error. The boy had to have his arm rebroken so that it could be set properly. Based on these facts, which of the following is true?

A) The owner of the land owed no duty of care to the boy because the boy was a trespasser.

B) The case law that developed over hundreds of years on the duty of care owed by occupiers of land has priority over any subsequent legislation on the point.

C) The doctor owed a duty of care to the boy, but he only had to meet the standard of care expected of the average man.

D) The hospital, not the doctor, would be solely liable for any harm suffered due to the negligence.

E) In an action against the land owner, if the boy were found to be partially at fault for his injury, the court would apportion the award of damages as it apportioned the fault.

7/         2) Berman made a documentary on the life of musician Artie Shaw. Shaw's representative was cooperative and gave her permission to use certain songs if she received proper permission from the copyright holders. The cost of the film was funded by her own savings, a private investor, the Canada Council, the Ontario Arts Council, and deferred salaries and material costs. In March of 1987, the film won an Academy Award as the best feature documentary for 1986. In November of 1987, Shaw's lawyer contacted Berman's lawyer: "... This letter states that Artie Shaw has a 35% profit participation in the motion picture... ." Which of the following accurately sets out the legal position of the parties?

A) Shaw has a right to this share because the movie is about him.

B) The court will imply an agreement to this effect between the parties.

C) Shaw has no claim since there was no such agreement.

D) A public celebrity has the right to prevent this kind of exploitation if Berman refuses this demand.

E) The court will award Shaw a reasonable profit because it is fair.

8/         6) Which one of the following is enforceable?

A) Mr. Ho promised to give his needy friend Mr. Jahn $100.

B) Ms. Jones promised to pay an additional $100 to Mr. Wood if Wood finished the existing contract on time, according to the terms of the contract.

C) Mr. Baker was so sick of an old chair that, when Mr. Venson offered him $10 for it, he agreed (i.e., promised to sell it to him), although the market value of the chair was $80.

D) Ms. Goode promised to send $10 to Mr. Paul, who kindly came and warned her when he saw a tow truck approach her car.

E) An ad in the paper promises to pay $5 for the return of a lost ring, but the person who finds and returns the ring never saw the offer in the newspaper.

Answer: C

9/         When John bought a car from his father's old classmate, Joe, he was only seventeen years old. The price of the car was $5000. He paid $1000 down and was to pay the remaining $4000 over time. With these facts in mind, which of the following statements is true? (Read each statement separately.)

A) Even if the car is defective, John could not sue Joe.

B) If John has an accident and refuses to pay the balance, Joe could successfully sue John for breach of contract.

C) If John has an accident because of his negligent driving and he refuses to pay, Joe could successfully sue him in negligence to get around any difficulty in suing him in contract.

D) If the car is defective, John could sue Joe for breach even though Joe could not sue him.

E) If Joe didn't realize John was only 17 years old, he can enforce the contract against him no matter what his age.

10/       Randy, as his two older brothers before him, moved out of the house when he was quite young. When he was 17, he and his older brother, Ted, wanted to buy a condominium in Nelson. They both had jobs and the bank was willing to lend them money and take a mortgage on the condo. Which of the following is a correct statement about the law governing this situation?

A) These contracts would be binding on Randy only if he disclosed the fact that he was a minor to the other parties.

B) All contracts with infants are void.

C) The mortgage agreement would be binding on Randy as an adult if he continued to make payments after reaching the age of majority.

D) A mortgage granted by Randy to the bank is effective until a court orders otherwise.

E) All infants' contracts are enforceable as soon as they become adults.

Answer 1

Answers to the first four questions:

Question # 1. The correct option is A.

Explanation: Legal advice may be requried because of the situation and no human is immune to such situation which can warrant for legal advice. The reason could be direct involvement in such situation or any close relative is being involved.

Question # 2. The correct option is B.

Explanation: Lawyers act like a subject matter consultant, as they have knowledge of the subject and matter as well as law reated knowledge therefore they act like a consultant to the business.

Question # 3. The correct option is B.

Explanation: Historically England is known for its common law system and it was almost more than 900 years back in the history.

Question # 4. The correct option is C.

Explanation: The biggest advantage of the litigation system in the court is the faith that the justice will prevail and this is the best objective method of dispute resolution where every party gets a fair attempt to justify their position and the likelihood of both the parties being satisfied is also high.